What does section 46M(g) of the Fair Trading Act address?

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Section 46M(g) of the Fair Trading Act addresses the issue of unilateral changes to a contract's essential characteristics. This section is part of the broader consumer protection framework within the Act, which aims to ensure that consumers are not subjected to unfair or unexpected changes in the terms of a contract.

The focus of this section is on the legitimacy of a party's ability to alter fundamental aspects of an agreement without the consent of the other party. It emphasizes the need for transparency and fairness in contractual dealings, reinforcing that a party should not have the unilateral right to modify key terms that could significantly impact the other party's rights or obligations under the contract. This protection is crucial in fostering trust and fairness in consumer transactions.

In context, options addressing penalties for unfair terms, ensuring mutual agreement on changes, or protecting consumers from all contract changes would not accurately capture the specific intent and focus of section 46M(g). The section is specifically concerned with the implications of allowing one party to make significant changes without the agreement of the other party, distinguishing it from broader concepts of consumer protection in contract law.

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